Sh. Vivek Singh @ Vicky And ORS v. The State (Govt. Of NCT Of Delhi) And ANR

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5259/2025 SH. VIVEK SINGH @ VICKY AND ORS .....Petitioners Through:

Counsel for Petitioners (appearance not given) with Petitioners.

versus THE STATE (GOVT. OF NCT OF DELHI) AND ANR..Respondents Through:

Mr. Shoaib Haider, APP for the State with SI Pankaj Kumar, PS Jyoti Nagar.

Mr. Arvind Kumar, Advocate with Respondent.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 05.08.2025 1.

Petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.PC') read with Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (hereinafter referred to as 'B.N.S.S.) has been filed on behalf of the Petitioners, for quashing of FIR No.25/2021 under Section 498A/406/323/34/506 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and Section 3 & 4 of D.P. Act registered at Police Station Jyoti Nagar and all the consequential proceedings emanating therefrom, in view of the Settlement Deed dated 28.02.2025. 2.

Issue Notice.

3.

On advance Notice, learned APP has appeared and accepted the Notice on behalf of the State.

4.

Brief facts of the case are that the marriage was solemnized between The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Petitioner No.1/husband and the Respondent No. 2/wife on 07.06.2015, according to the Hindu rites and ceremonies and a girl child, namely, Baby Arya was born out of the said wedlock. The parties living separately from each other since 24.09.2016.

5.

On the Complaint of the Respondent No.2/Complainant, FIR No.25/2021 under Section 498A/406/323/34/506 of IPC and Section 3 & 4 of D.P. Act, got registered at Police Station Jyoti Nagar. 6.

It is submitted that the FIR was a consequence of the matrimonial disputes between the Complainant and the Petitioners. It is stated that the Petitioner No. 1 and the Respondent No. 2 have amicably settled all the disputes and differences between them and arrived at Settlement vide Memorandum of Settlement (MOU) dated 28.02.2025, before the Delhi Mediation Centre, Karkardooma Courts, Delhi. In the Settlement, it was inter alia settled between the parties that the Respondent No. 2/wife and the Petitioner No.1/husband shall dissolve their marriage by decree of mutual consent under Section 13-B(1) and 13-B(2) of Hindu Marriage Act, 1955. It is stated that the Petitioner No.1/husband shall pay a sum of Rs.7,50,000/- by way of Demand Draft/RTGS/NEFT, towards full and final settlement of all the claims in all respect i.e.

towards past, present and future maintenance, balance istridhan and alimony of the Respondent No. 2/wife, in three instalments. It is also stated that the Petitioner No.1 shall pay first instalment of Rs.2,50,000/-, to Respondent No. 2/wife, at the time of recording of Statements of both the parties under Section 13-B (1) of the Hindu Marriage Act, 1955; the second instalment of Rs.2,50,000/- shall be paid by the Petitioner No. 1 to the Respondent No. 2, at the time of recording of Statements under Section 13-B(2) of the Hindu Marriage Act, 1955 and the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

third instalment of Rs.2,50,000/- shall be paid by the Petitioner No.1 to the Respondent No. 2, at the time of quashing the aforesaid FIR. It is also agreed between the parties that the custody of the minor child shall remain with the Respondent No.2. It is further settled both the parties shall not litigate in future against each other qua this marriage. 7.

Today, the Petitioner No. 1 has handed over a Demand Draft bearing No. 204474, dated 01.08.2025, drawn from State Bank of India, New Delhi, for a sum of Rs.2,50,000/-, in favour of Surekha, to the Respondent No. 2. The Complainant is present in the Court and states that she has received all amounts due to her and has no objection if the said FIR is quashed. 8.

It is also stated that on 27.05.2025, the marriage between the Petitioner No.1 and the Respondent No. 2, had been dissolved by mutual consent, as per the Hindu law.

9.

Both the parties have entered into the Settlement voluntarily and without any fear and coercion and undertake to remain bound by the terms of the said Settlement.

10.

Considering the nature of the allegations and that they have settled the matter, the FIR No. No.25/2021 under Section 498A/406/323/34/506 of IPC and Section 3 & 4 of D.P. Act, registered at Police Station Jyoti Nagar and all the consequential proceedings emanating therefrom are quashed. It is hereby clarified that the said Compromise is without prejudice to the rights and entitlement of the child.

11.

The Petition is disposed of accordingly.

NEENA BANSAL KRISHNA, J AUGUST 5, 2025/RS The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.